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Specialization Exam > Administrative Procedures 1 > Flashcards

Administrative Procedures 1 Flashcards

1
Q

PC 1800 - 1801

A

*The court may appoint a Conservator of the estate if the proposed conservatee is unable to manage his financial resources, resist fraud or undue influence

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2
Q

PC 1800.3(b)

A
  • It must be the least restrictive alternative available.

* It is the last resort because you are taking away someone’s rights.

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3
Q

In a conservatorship question, what PC should you always cite?

A

PC 1800.3(b) - Least restrictive alternative

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4
Q

PC 1810 - 1813.1

A

The court will appoint a person to act as conservator who has been nominated by the proposed conservatee IF the proposed conservatee had sufficient capacity at the time of the nomination to form an intelligent preference
UNLESS the court finds that the appointment would not be in the best interest of the proposed conservatee

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5
Q

PC 2580

A

Substituted Judgment authorizes the conservator to substitute their judgment for that of the conservatee who lacks the capacity to perform a particular act.

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6
Q

PC 2586(b)(6)

A

Authorizes conservator to transfer property unintentionally omitted from the trust created by the conservator or conservatee.

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7
Q

PC 2583

A

The court will apply these factors when deciding a substituted judgment petition

  1. Past donative declarations
  2. Traits of the conservatee
  3. Relationship of the prospective donee and the conservatee, their standards of living
  4. The wishes of the conservatee
  5. Any known estate plan
  6. The value and productiveness of the estate
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8
Q

PC 2581

A

Notice Requirements

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9
Q

PC 2500 - 2505

A

PC 2500 - Enables the conservator or guardian to settle claims on a ward or conservatee
PC 2504 - The conservator must obtain court approval for a claim of the conservatee for personal injuries. But, injuries to a third party, can settle the lawsuit pursuant to PC 2500.

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10
Q

PC 2420 - 2423

A 
The conservator requires to support the conservatee and his or her legal dependents who are minors.
PC 2420(a) - specific code section dealing with the minors. If there is an adult child, there is no legal obligation to support him or her.
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11
Q

PC 2580(b)(8)(10)

A

Allows a conservator to file a petition for authority to designate a beneficiary of a retirement account.

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12
Q

PC 2351

A

The conservatee retains certain personal rights such as receiving visitors, telephone calls, and mail.

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13
Q

PC 2351(a)

A

If the conservator wants to stop communication between the conservatee and third party, he or she would have to file a petition and show it is in the best interest for the conservatee not to have contact.

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14
Q

PC 1871

A

Exceptions to PC 1872 - once a conservator has been appointed, there are exceptions:

  1. Right to make a will
  2. Right to enter into transactions necessary reasonable to provide the necessaries of life.
  3. Basic living Expenses
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15
Q

PC 1872

A

Once a conservator of the estate has been appointed the conservatee lacks the capacity to enter into any transaction except for otherwise provided.

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16
Q

PC 1873

A

The court has authority to allow the conservator to enter into transactions, as may be appropriate, under the circumstances.
The action would be a PC 1874 why the authority is appropriate and why it is in the conservatee’s best interest.

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17
Q

PC 2352

A

Conservator can establish the residence of the conservatee anywhere in CA without court authority

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18
Q

PC 2352.2

A

The conservatee’s residence is the least restrictive appropriate residence for the conservatee.

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19
Q

Can a conservator force a conservatee into a mental health facility and take medication for mental health condition?

A

No, cannot force the conservatee into a mental health facility and take anti-psychotic medication. This would be a LPS conservatorship.

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20
Q

PC 2354

A

Conservatee retains their right to make medical decisions so long as they have not been adjudicated to make those decisions.

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21
Q

PC 2354(c)

A

The conservator of the person may make medical decision for the conservatee if it is an emergency, e.g. if failure to immediately diagnose or treat it will result in serious disability or death.

22
Q

PC 2357

A

If it is not an emergency, the conservator can petition the court under PC 1880.

23
Q

PC 4120

A

A person having the capacity to contract may execute a POA.

24
Q

PC 4121

A

Formalities of a DPOA:

  1. Be Dated
  2. Signed by the principal or at the direction of the principal, when he or she is present
  3. Notarized or witnessed by 2 witnesses
25
Q

PC 4122(b)

A

An Attorney-in-fact cannot act as a witness

26
Q

PC 4152

A

The termination may be effectuated orally, PC 4153(a)(2) - so long as the individual has capacity.

27
Q

PC 4264 - Creation of a trust

A

An agent may create a trust for the principal if the POA expressly authorizes the attorney in fact to create a trust. If it is silent, then the agent cannot.
If cannot then can file a petition for substituted judgment and file a conservatorship.

28
Q

PC 4264 - Gifts

A

Cannot make gifts unless the DPOA expressly authorizes this power.

29
Q

PC 4231(a) and PC 4231(b)

A

4231(a) SOC - prudent person
4231(b) If someone has a specific expertise, then he or she shall use that same SOC as others possessing the same expertise.

30
Q

PC 4233

A

The principal’s property must be kept separate and distinct from other property.

31
Q

PC 4231.5(b)

A

Mistakes may be excused, if the agent acted in good faith.

32
Q

PC 4540

A

A relative of a principal has standing to file a petition with the court and seek intervention of the court

33
Q

PC 4503

A

The principal can exclude certain individuals from petitioning the court for intervention. It must be specifically stated in the document.

34
Q

PC 4203(b)

A

A successor attorney-in-fact is not liable for the acts of a predecessor attorney-in-fact

35
Q

PC 4673(a)(1-3)

A

Requirements of an AHCD:

  1. Contain the date of the execution
  2. Signed by the principal or at his/her discretion
  3. Be Notarized or Witnessed
36
Q

Power of Attorney for Health Care

A

PC 4629 - must be in writing and designates an agent. There needs to be an agency relationship.

37
Q

Advance Health Care Directive

A

PC 4605 - It can either be a health care instruction (no agency relationship created) or a power of attorney for health care

38
Q

Individual Health Care Instruction

A

PC 4623 - A patient’s written or oral direction concerning a health care decision for the patient.

39
Q

Can a verbal statement of a principal constitute a POA for health care?

A

No

40
Q

Can a verbal statement of a principal constitute health care instructions?

A

Yes

41
Q

PC 4711

A

A patient can designate a surrogate to make health care decisions by personally informing the supervising health care provider

42
Q

PC 4676

A

An AHCD or similar instrument executed in another stat or jxdn in compliance with the laws of that state or jxdn is valid and enforceable in CA.

43
Q

PC 4682

A

The authority of the agent only becomes effective when the principal lacks capacity UNLESS it is an immediate AHCD.

44
Q

PC 4689

A

An agent may not make a decision for a principal under a POA for health care if the principal objects to the decision of the agent.

45
Q

PC 4695(b)

A

A patient who has capacity can revoke all or part of an AHCD, other than the designation of any agent, at any time and in any manner that communicates an intent to revoke.

46
Q

Are all POA for health care an AHCD?

A

Yes

47
Q

Do all AHCD contains a power of attorney for health care?

A

No

48
Q

PC 4695(a)

A

A patient having capacity may revoke the designation of an agent by a signed writing or by personally informing the supervising health care provider.

49
Q

PC 4641

A

Definition of supervising health care provider means the primary care physician. If PCP is not reasonably available, then the next in line.

50
Q

PC 4766(e)

A

Documents filed which will compel a third party to honor an AHCD.

51
Q

PC 3900 - 3925

A

California Uniform Transfers to Minors Act (CUTMA) -

Registered in the name of an adult, “as custodian for” then CUTMA applies

Specialization Exam (9 decks)

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